The Trial of Draco Malfoy
by natalieprevitt
Summary: Following the war Draco Malfoy turns himself over to the Ministry of Magic for judgement. The three members of the Golden Trio attend his hearing, all for different reasons. HP/DM. slash. one-shot. post Hogwarts. DH compliant, ignores epilogue


Prompt: The trio attends Draco Malfoy's hearing after the war, all for different reasons.

Disclaimer- I own nothing

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Draco Malfoy sat alone in a chair in the centre of a dark room lined by dimly lit torches. Harry Potter frowned as he watched his former nemesis. Malfoy's arms were bound tightly to the chair with golden ropes, but he did not struggle against his restraints. No, Draco Malfoy was not fighting against this fate. He had willingly relinquished himself to the Auror's Department for prosecution. He seemed so unlike the Draco Malfoy that Harry remembered from their days at Hogwarts. Something in the blonde had broken. He was pale, gaunt, and ragged looking. Harry hadn't seen the Malfoy heir so dishevelled since sixth year. Malfoy sat quietly with his eyes closed, not daring to move. He seemed sedate and remorseful. It was unnatural. Harry missed the snarky blonde of his memories.

Harry glanced around the room. The benches on either side of Malfoy were teeming with reporters and Ministry officials whispering in low voices. They were discussing the fate of the former Death Eater. Beside him Ron was babbling about how the slimy git was finally getting what he deserved. Harry couldn't disagree with his friend more, not that he had voiced his opinion. Nobody deserved this fate.

A figure seated centrally at the front of the hall raised his hand and an ominous silence fell over the courtroom. Harry recognized the man as Kingsley Shacklebolt, the newly elected Minister of Magic.

"The accused is present," called the Minister, glancing down the bench at his colleagues, many of whom Harry had fought alongside during the Battle of Hogwarts, "Let us begin."

Nobody responded to the Ministers words.

"Disciplinary hearing on the seventh of November," Shacklebolt cleared his voice as the reporters began taking notes with their quills, "into offences committed during the Second Wizarding War by Draco-Lucius Malfoy, resident of Malfoy Manor, Wiltshire."

Harry was reminded of his own trial in the room before his fifth year at Hogwarts. At the time Harry had been terrified, but now the event seemed minor. He was much more afraid now for the blonde sitting quietly at the center of the room. Harry wished Malfoy would lift his head defiantly, smirk, even raise an eyebrow. Anything to prove he was still the person Harry remembered. This broken version of Malfoy was disconcerting.

"Interrogators: Kingsley Shacklebolt, Minister for Magic; Hermione Granger, Head of the Department of Magical Law Enforcement; and Percy Ignatius Weasley, Senior Undersecretary to the Minister."

Ron grinned at the mention of his fiancé's name. Harry couldn't help but be hopeful that Hermione would help Draco. She had always defended those who others did not think deserved to be defended.

Kingsley nodded at Hermione.

"Miss Granger, the charges."

Hermione cleared her throat as she lifted up a piece of paper. She seemed to be studiously avoiding looking at the Malfoy heir. Harry felt his heart clench as he watched her subconsciously run her fingers across the word _Mudblood_ etched into her forearm.

"The charges are as follows: Death Eater activities including, but not limited to: the Attempted Murder of Albus Dumbledore, the attempted use of the Cruciatus curse against Harry Potter, aiding and abetting He-Who Shall-Not-Be-Named, providing sanctuary for He-Who-Shall-Not-Be-Named and the unlawful confinement of innocent witches and wizards at the Malfoy estate-"

"You are Draco Lucius Malfoy, of Malfoy Manor, Wiltshire, correct?" Percy Weasley interrupted.

Hermione glared at Ron's brother before turning back to the Malfoy heir. Draco had not responded to any of the proceeding of the court.

"Verbalize your responses for the court record." Hermione said.

Harry thought that Malfoy would refuse to respond, but he was proven wrong. Slowly, Draco Malfoy lifted his head and looked all around the room. His eyes seemed to settle on Harry, but that may have been in his imagination. Harry shuffled uncomfortably in his seat.

"I am Draco Malfoy."

The reporters erupted into excited chatter as Draco confirmed his identity. Harry Potter rolled his eyes. It's not like there had been any doubt as to Malfoy's identity. Sometimes he wondered at the stupidity of wizarding reporters.

"Do you deny the charges brought against you?" Hermione asked.

Malfoy stared at Hermione. The entire room seemed to be holding its breath.

'_Please say no. Please say no. _Harry chanted in his head.' Nobody would be able to help Malfoy if he admitted his guilt.

Malfoy seemed to be choosing his words carefully.

"I submit myself to the will of this court."

Harry let out a breath he didn't realize he was holding. Beside him, Ron let out a groan.

"Lousy Death Eater deserves the dementor's kiss." He muttered under his breath.

"That doesn't answer the question." Kingsley said.

"I submit myself to the will of this court." Malfoy repeated.

"You submit yourself to the will of the court." Hermione was displeased with his response. "And did you submit to the Dark Mark during the summer of 1996."

"I did."

The whispers of the press seemed to increase in volume.

Harry pinched his lips together tightly. Malfoy wasn't making himself easy to defend.

"Let the record note that Draco Lucius Malfoy has admitted to taking the Death Mark." Kingsley noted.

"And what was the mission you were tasked with." Hermione continued her assault.

Malfoy closed his eyes. Harry was flooded with memories that he was certain were also running through Malfoy's mind. Katie Bell. The poisoned wine. The Room of Requirement. The Vanishing Cabinet. The Astronomy Tower. Snape. Dumbledore. Death Eaters…

Malfoy struggled to articulate his thoughts. He opened his eyes as he looked at the panel in front of him.

"I-" he closed his eyes again. "I was tasked with two missions. I had to find a way for the Dark Lord's followers to breach the wards at Hogwarts and I had to-"

Malfoy shuddered slightly. Harry wished he could help Malfoy. He wished he could offer the blonde strength.

"I was tasked with killing Professor Dumbledore."

A hushed silence fell over the room. The details surrounding Dumbledore's death had been shrouded in secrecy for years. This was the first time someone had been publicly attached to the affair.

"And were you successful in your tasks." Percy probed.

"Partially."

"Partially?"

"I let His followers into Hogwarts."

Harry remembered that night. The night that Dumbledore died. Malfoy was just a child. They were all just children.

"Let the record note that Draco Lucius Malfoy has admitted to participating in Death Eater activities."

Malfoy paled in his seat.

"And your second mission? Were you successful?" Hermione asked. She already knew the answer to this question.

"No. I-"

"But you tried to fulfill your mission" Percy interrupted.

"Yes. I tried. I just couldn't. I just-"

"Let the record note that Draco Lucius Malfoy has admitted to the attempted murder of Albus Dumbledore."

Draco looked like he wanted to add something about that night but the court refused to give him time to speak. Harry certainly had something he wanted to say.

"And do you admit to using the Cruciatus curse against Harry James Potter?" Kingsley asked.

"The Cruciatus?" Malfoy looked bewildered.

"During sixth year. In the bathroom." Hermione supplied.

Harry knew she was just doing her job, but he still was angry. Why did they have to bring this up? It was his fault, not Malfoy's.

Malfoy closed his eyes and ran his ringers over his chest lightly. Did he still have scars from Harry's spell?

"I didn't cast the spell."

"No?"

"No."

Harry grinned. It was true he supposed. Malfoy never did finish saying the spell.

"I've never cast an unforgivable curse." Malfoy added.

Harry looked up in surprise, as did most of the room's occupants. Malfoy never cast an unforgiveable? It was certainly a point in his favour.

Percy shuffled some papers around on the table before he cleared his throat.

"Did You-Know-Who receive sanctuary in your family's estate?"

"Sanctuary?" Malfoy looked confused.

"Did he reside there?" Kingsley clarified.

Malfoy shuddered.

"We-" He seemed to be gulping for air. "We had no choice."

"No choice?" Hermione asked.

"He would have-He would have killed us."

"Did your family provide sanctuary to He-Who-Shall-Not-Be-Named?" Percy repeated the question.

"I- well-I mean-I suppose- Well, yes."

"Let the record note that Draco Lucius Malfoy has admitted to providing sanctuary for the Dark Lord."

Harry closed his eyes. This wasn't going well at all.

"And during the spring of 1998 did your family willfully imprison-"

"I was at Hogwarts." Draco interrupted.

"Did your family willfully imprison innocent witches and wizards during the spring of 1998?"

"Yes."

Kingsley shifted in his chair. "Does the accused have any immediate rebuttal to the questioning?"

"No, Minister."

"I hereby call Mr. Weasley to speak on behalf of the Wizarding Public." Kingsley turned his attention from Malfoy towards the benches lining the hall.

Ron stood from his seat and made his way to the front of the room. He offered a roguish smile to the Wizengamot Members, most of whom he had fought alongside at the Battle of Hogwarts. Harry couldn't help but think it was a bad sign that his friend had chosen to speak at the hearing.

"Please provide your name and designations for the assembled Members" Hermione addressed her fiancé formally.

Ron smiled.

"Ronald Weasley, Order of Merlin Third Class."

"And you are currently employed by the Ministry of Magic". Hermione smiled lightly at Ron.

"I'm an Auror."

"What evidence can you provide to these proceedings?"

"Well, he's a slimy git. Always knew that one would be going for the Dark Arts."

Harry looked sharply at his friend. That wasn't evidence of anything!

"So," Hermione fished for some kind of valid information, "You are providing a character reference that suggests Mr. Malfoy associated with the Dark Arts from an early age?"

"Hmf. In second year he talked about wanting to help out the heir of Slytherin. And we all know who that turned out to be."

"Please clarify for the court."

"Well. It was You-Know-Who. The ferret here," he gestured to Malfoy, "wanted to help out You-Know-Who."

Some of the Wizengamot Members scribbled on parchment at their seats. Harry rolled his eyes. That was hardly condemning information.

"And can you connect Mr. Malfoy to the death of Albus Dumbledore?" Percy asked his brother.

"Well. No. I mean, yes."

"And which one is it Ronald." Hermione sniped at Ronald before she remembered herself, "Mr. Weasley."

"He disappeared right after it happened."

"But did you hear anything or see anything to suggest that his disappearance was more than a coincidence?"

Malfoy's eyes flew to Harry in the stands. Harry tried to smile reassuringly at Malfoy, but the blonde had turned away quickly when their eyes met.

"Well…No."

"And the attempted Cruciatus against Mr. Potter?" Kingsley abruptly interrupted.

Ron smiled, suddenly more sure in his response.

"Harry told me all about it. Said he argued with the ferret in the girl's bathroom and the git tried to Crucio 'im." Harry shifted anxiously in his seat.

"Woulda done it too, if harry hadn't have cursed him first."

Hermione glanced at Harry lightly.

"And what was Mr. Malfoy doing in the girl's bathroom?" she asked.

"Don't know. Don't care."

_Crying_. Harry thought. _Malfoy was crying._

"Can you comment on your imprisonment at Malfoy Manor?" Hermione asked at barely more than a whisper.

"It was in the spring of 1998." Ron said. "We were in the Forest of Dean on a…mission."

"A mission." One of the reporters interjected excitedly.

Ron glanced at the Minister nervously.

"Any information regarding Mr. Weasley's, Ms. Granger's, and Mr. Potter's mission is classified and not open for questioning." Kingsley looked at the reporter, "and you are reminded that public questioning is not permitted during Ministry Hearings. Anything further from you will result in your immediate dismissal from the chamber."

Kingsley shifted his attention back towards Ron.

"Continue, Mr. Weasley."

"As I was saying. We were on a mission. Except we were caught. By snatchers and the like."

"Who were the Snatchers?" Percy questioned.

"That is not relevant to these proceedings," the Minister chided, "Continue."

"The snatchers. They chased us for a bit and we battled against them. Harry was hit with a curse. Then they caught us and brought us to Malfoy Manor."

"Who was present at Malfoy Manor?" Hermione asked.

"Umm…Malfoy obviously and-"

"Which Malfoy?" Hermione interjected.

"Lucius Malfoy and his wife. The tall blonde one that used to be a Black. And the ferret, Draco Malfoy. And Lestrange. She was there too."

Hermione cringed at the name, even though she had obviously been expecting it.

"And what happened, at the manner." Kingsley asked.

"They, well, they questioned us."

"About?"

"About who we were and our mission."

"And then what happened?"

"Well, Harry and I were put in the dungeon. They said they were going to call the Dark Lord or something."

"And where was Ms. Granger," Percy asked his brother.

"She stayed behind with Lestrange." He looked towards Hermione carefully. "For questioning."

His meaning was heavily insinuated to the Wizengamot.

"And was the accused aware of Ms. Granger's 'questioning'?" Kingsley was looking at Malfoy rather than at Ron.

"Well. He must have been." Ron said," Slimy git like that probably helped."

'You don't know?" Percy questioned.

"Well you see, I was in the dungeons. With Harry and the others."

"Others?"

"Luna," He glanced at the press before clarifying, "Luna Lovegood. And Ollivander. And some goblin. Griphook I think his name was."

"Were you released from the dungeon?"

"No, we escaped."

"That is all the questions we have for the witness, is there anything further you would like to add, Mr. Weasley."

"Just that the slimy git deserves the Dementor's Kiss for everything he's done! Don't let him fool you. He deserves the worst punishment you can think of!"

"Ronald!" Hermione took a breath. "You can go back to your seat. Sentencing is the jurisdiction of the Wizengamot, not of witnesses."

Ronald made his way towards Harry.

"Bloody good show don't you think," he whispered as he sat down, "Ferret's bound to get what he deserves now!"

_Not if I have anything to say about it. _Thought Harry.

"We shall now consider the evidence." Mister Shacklebolt turned to his colleagues. The entire Wizengamot fell into urgent, whispered conversations.

"If my memory serves me correctly" Harry rose to his feet and addressed the entire Wizengamot, "I am sure that under the Wizengamot Charter of Rights, the accused has the right to present witnesses for his or her case? Isn't that the policy of the Department of Magical Law Enforcement, Ms. Granger?"

"Yes it is." Hermione looked at Harry in surprise, "Do you wish to speak in the accused defence?"

Everybody in the room was staring at him, but Harry only felt one set of eyes. Draco Malfoy was looking at him without shame.

"Yes, yes I do." Harry made his way to the front of the room.

A shocked silence had fallen over the Wizengamot members, but the reporters were muttering wildly as their quills flew across their parchment.

"Please provide your name and designations for the assembled Members" Hermione looked at her friend in confusion.

"Harry James Potter." He paused before turning to look at each of the assembled Wizengamot members individually. "The-Boy-Who-Lived, The Chosen One, Vanquisher of the Dark Lord. Heir to the Prewitt, Potter, and Black Families."

He looked at Ron sitting in the audience

"Order of Merlin First Class."

Harry didn't like throwing around his fame and prestige, but for once he was glad of his titles. He needed everyone in the room to understand exactly who he was and exactly why they needed to listen to him. In this room, social standing was everything.

"And re you currently employed by the Ministry of Magic." Hermione had a look of sudden understanding on her face. Bright girl! She always had caught onto his plans quickly.

"I am. As Head of the Auror Department." He replied with a charming smile.

"Would you like to comment on any of the charges laid against Mr. Malfoy?" Hermione asked with a smirk. She was following protocol.

"On all of them. Yes."

"Can you comment on the accused's connection to the murder of Albus Dumbledore," Shacklebolt asked.

"I can." Malfoy looked at him in surprise. Harry was careful to avoid looking at the blonde man as he said his next sentence. "I was there, on the astronomy tower when he died."

Harry took a deep breath to steady his nerves then continued.

"Professor Dumbledore was dying before that night. It had to do with our mission." He looked at Kingsley meaningfully, "which we have already discussed."

Kingsley nodded and gestured for Harry to continue. Harry risked a glance at Malfoy and found the boy staring at him in shock. Malfoy obviously had been uniformed about Harry's involvement.

"Dumbledore asked, well I suppose demanded is the proper word, that Snape kill him. He said it would be for the greater good, which was accurate enough. Dumbledore was going to die long before Malfoy was ever given his mission."

"As Malfoy said, he was given a mission over the summer. From what I know of the matter, which is quite a lot, he didn't have any choice in the matter. His family was threatened."

A murmur flew around the chamber. If Malfoy had taken the Dark mark under duress, or the duress of his family, then the law decreed him innocent of that offence.

"I swear on my magic," Harry continued, "that Draco Malfoy did not take the Dark Mark willingly."

"Where did you learn this information?" Percy gasped.

Harry paused before continuing.

"From the memories of Severus Snape, which have already been submitted to the Minister, and from Narcissa Malfoy who has sworn to this effect."

"Let the court record that Draco Lucius Malfoy is innocent of the offence of taking the Death Mark." Hermione raised her eyebrow at Harry.

"That night. The night that Dumbledore died. I was under an invisibility cloak on the astronomy tower. I saw what happened. Draco, Malfoy," he corrected himself, "Malfoy had a choice."

"Malfoy chose to put down his wand. He chose not to kill Professor Dumbledore. He chose not to commit murder. It was Snape that killed Dumbledore, and even that was done by the Professor's request."

"And the other instances. The attempts on Dumbledore's life earlier in the year." Percy admonished, "Was he innocent of those offences."

"To what are you referring?" Harry turned to his Slytherin side to avoid the question. There was no way he could directly deny Malfoy's involvement in the murder attempts.

"The necklace. The poison. The-"Percy spat out.

Malfoy was shifting in his seat.

"None of those events have been connected to either Albus Dumbledore or Malfoy." Harry returned with a raised eyebrow, "Unless I am mistaken in the matter."

Kingsley turned towards Malfoy to gauge his reaction. The boy sat stoically in his seat.

"Let the court record that Draco Lucius Malfoy is innocent in the matter of the attempted murder of Albus Dumbledore." Hermione said with a smile.

"And at the Malfoy Manor," Harry added, "Draco Malfoy did not send us to the dungeons. Lestrange did. Ron must have forgotten."

"But Malfoy must have known-" Kingsley said.

"He knew, and he tried to protect us." Harry replied.

That certainly shocked the assembled diplomats.

"When we were brought in by snatchers I was hit by a stinging hex," he glanced meaningfully at Hermione who blushed, "Draco Malfoy knew who I was. He had known me for seven years. Yet, when he was asked to identify me, when he was asked to turn us over to Voldemort, he failed to identify me. Draco protected me, he didn't imprison us."

"I don't know about you," Harry turned to the reporters, "but to me it sounds much more like he was helping us than that he was helping Voldemort."

There were murmurs of agreement throughout the crowd. It was amazing the effect Harry's publicity could have on the public opinion of a former death eater.

"Let the court record that Draco Lucius Malfoy is innocent of both the charges of assisting the You-Know-Who and of willfully imprisoning innocent witches and wizards."

There was scattered applause throughout the room. Ron was glowering in his seat.

"But what of the Cruciatus curse?" Percy was grasping for something to charge Draco with.

"As Malfoy said, he never cast the curse. He and I had an argument. I cast a rather dangerous curse against him. He could have died." He looked meaningfully at Hermione, "If anyone deserves to be charged for the actions that day it is me."

"Mr. Malfoy has already been cleared of charges in this matter," Hermione nodded at her friend before turning to the members of the Wizengamot. "As he has been found innocent of all charges it hardly seems necessary. Yet, those in favour of clearing the witness of all charges?"

Every single hand, Hermione's included, raised into the air. Harry felt elation sweep through him. He couldn't hide the smile that flew onto his face.

"Draco Malfoy, you are cleared of all charges." Hermione stepped down from her seat. She leaned down close to his ear and whispered, "And please do take it easy on Harry. He's been obsessed with you since sixth year."

Draco looked up at the bushy haired witch in surprise before his Slytherin mask slipped onto his face. Beside them, Harry was blushing profusely. That was the last thing he wanted the former Slytherin to know. He would never live it down.

"Sixth year, you say?" Malfoy smirked at Hermione. "I only agreed to date him after the war."

Hermione's jaw dropped and harry was pretty sure that he heard Ron fainting in his seat.

Trust the prat to need to get in the last word.


End file.
